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Ask David Weilbacher, Esq. Your Own Question
David Weilbacher, Esq.
David Weilbacher, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 335
Experience:  General Practice Attorney
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Im a senior citizen and purchased a used vehicle on my own.

Resolved Question:

I'm a senior citizen and purchased a used vehicle on my own. (which my chldern are still upset about). One week later it stalled several times at red lights etc. but it stalled again as I was pulling onto a major road. Since i had no power steering it landed across the 2 lanes of heavy traffic which could have ended very badly. I took it to the dealer immediately. He "fixed" the problem and told me it was good to go. It stalled 5 min later. He picked it up from where i was & kept it for 5 days. I was told again it's "safe" to drive; "nothing is wrong with it". It stalled again a few days later but assumed it was low on gas (1/4-1/2 tank) so I did not report this and fill the tank. Yesterday (w/full tank) it stalled as I was exiting a busy high way. Again I was at risk of injury and/or death as hevy traffic continued to exit the highway. Since I'm too nervous to drive it and my childern don't want me in it; I called the dealer requesting a refund or exchange. They had two chances to fix it and found no problems. The declined my request and offered to look at it again. do I have any rights as a concumer to assume that a vehcile should 1. run w/out stallinf and 2. be safe to drive?

Submitted: 4 years ago.
Category: Consumer Protection Law
Expert:  David Weilbacher, Esq. replied 4 years ago.

David Weilbacher, Esq. :

Hello, my name is XXXXX XXXXX I’ll be happy to assist you. Please stand by while I review your question, and do any necessary research.

David Weilbacher, Esq. :

I need some additional information.

David Weilbacher, Esq. :

Did your purchase come with a warranty, or did you buy it "as is"?

Customer: replied 4 years ago.
No, but I assume a vehicle should "run" and be safe to drive even with out a warranty.
Customer: replied 4 years ago.

Are you still there?

Expert:  David Weilbacher, Esq. replied 4 years ago.
Under California's consumer protection laws regarding used cars:

A used car buyer may obtain a two-day sales contract cancellation option.
Used cars advertised as "certified" must meet specific requirements.
Used car buyers may purchase a two-day sales contract cancellation option.
There is no "cooling off" period unless you obtain a contract cancellation option. Consumers who purchase a used car for less than $40,000 must be given an opportunity to purchase a two-day Contract Cancellation Option Agreement.

Were you offered the option to purchase a cancellation option agreement?
Customer: replied 4 years ago.
No cancellation option was offered. I feel that because I'm an older female, that i was taken advantage of. I don't believe that they were unaware of the problems but sold it anyway.
Expert:  David Weilbacher, Esq. replied 4 years ago.
Wait. Disregard what I stated about the cancellation policy. For some reason I was under the impression you where in California. You are in Indiana, correct?
Customer: replied 4 years ago.
Yes. Fort Wayne, Indiana 46845
Expert:  David Weilbacher, Esq. replied 4 years ago.
Wait. Disregard what I stated about the cancellation policy. For some reason I was under the impression you where in California. You are in Indiana, correct?

If you bought the car "as is", without a warranty, you might be stuck with the car. I suggest that you do two things. 1) contact the Indiana State Attorney General, you can find the office's contact information at its website:

2) Contact a local plaintiff's attorney. Have the attorney write a letter on your behalf demanding the repairs be made to your complete satisfaction, or your money refunded.

You can also contact the DMV to file a complaint.

If you have a complaint against a dealer, the state provides a complaint form for you to fill out.
However, the state also cautions that although the Dealer Division may be able to assist you with some problems (for example, not receiving your title from the dealer), many times you'll have to solve the issue on your own, or perhaps with the help of an attorney.
At any rate, you can mail the complaint form to:
Motor Vehicles Dealer Division
302 W. Washington St.
Indianapolis, IN 46204
Or, fax it to(NNN) NNN-NNNN
If you have a questions about Indiana's lemon law, you should contact the Indiana Attorney General's office at(NNN) NNN-NNNN Also, be sure to check out our Lemon Lawsection for more information, or search for an attorney on our lemon law attorneyspage.

I hope this answers your questions. If you need any clarification, please leave your questions here, and I will respond asap. If I can help further, please request me.

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